Wrongful Death Lawyer Ben Roberts

Wrongful Death Lawyer

Insurance and Damages

The sudden loss of a loved one due to the actions of another can be a difficult and devastating experience for family members.

Not only must they deal with the emotional trauma of their loss, but they may also face financial hardships due to expenses such as medical bills and funeral costs. In these cases, insurance coverage can be crucial in providing financial assistance to the surviving family members. However, comprehending the types of insurance coverage available and how to pursue a claim can be complicated. It is therefore essential to consult with a skilled wrongful death attorney who can guide you through the legal process and help you obtain the compensation you deserve.

Here's a closer look at some of the insurance coverages that may be relevant in a wrongful death case:

Liability Insurance:

Liability insurance is designed to cover damages that a person or entity is legally responsible for.

In wrongful death cases, liability insurance may be available if the responsible party was insured. For example, if a driver caused a fatal car accident, their liability insurance may cover damages related to the victim’s death. Liability insurance is often available through an individual’s homeowners or auto insurance policy, or through a business’s commercial general liability policy.

Life Insurance:

Life insurance is a type of insurance that pays out a sum of money to the beneficiary when the policyholder dies.

If the victim had a life insurance policy, their beneficiaries may be able to recover some or all of the policy’s proceeds. However, it’s important to note that life insurance proceeds are typically paid to the policy’s beneficiaries and are not subject to the claims of the deceased’s creditors. This means that if the deceased had outstanding debts, the life insurance proceeds may not be available to cover those debts.

Workers' Compensation:

If the victim was killed while on the job, their family members may be eligible for workers' compensation benefits.

Workers’ compensation is a type of insurance that provides benefits to employees who are injured or killed on the job. Benefits may include compensation for medical expenses, lost wages, and death benefits.

Umbrella Insurance:

Umbrella insurance is a type of insurance that provides additional liability coverage beyond what is provided by an individual's homeowners or auto insurance policy.

Uninsured/underinsured motorist coverage is a type of insurance that provides benefits to the policyholder if they are involved in an accident with an uninsured or underinsured driver. This coverage may include compensation for medical expenses, lost wages, and other damages.

Uninsured / Underinsured Motorist Coverage:

If the victim was killed in a car accident caused by an uninsured or underinsured driver, their own insurance policy may provide coverage.

If the responsible party has an umbrella insurance policy, it may provide coverage for damages related to the victim’s death.

Different types of Damages Available in Wrongful Death Cases

Medical malpractice can occur when a healthcare provider fails to provide the appropriate level of care, resulting in injury or death.

Wrongful Death Case Claims are time-sensitive and should be brought to the court within two years from the date of death of the victim called Statute of limitations. Each state has its wrongful death statute. The most common type of damages in Wrongful death cases is Economical losses such as a father passing away with still twenty-five years of working life left that would have provided income for his family and non-economic losses such as loss of companionship, love, support, etc.

Economic Losses:

Economic losses are difficult to calculate but non-economic losses such as Emotional Pain, Loss of Companionship, and love are very complicated to monetize in terms of dollar value. The compensation in a wrongful death claim is for the emotional and economic losses, the wrongful death beneficiaries have sustained as a result of the death.

Non-Economic Losses (Emotional Struggles):

The mental distress of losing someone you love unexpectedly brings lots of emotional pain and struggles.

Some states also allow beneficiaries to file for Punitive damages which goes beyond compensation. In this case, it’s imperative to prove that the victim was killed due to the act of reckless behavior of an individual or negligence of a corporation. Punitive damages are not permitted in wrongful death lawsuits in some states.

How is the value of the compensation in Wrongful Death cases calculated?

Wrongful Death Damages are the full value of the decedent's life without any reductions for expenses or costs that they would have incurred.

Typically the value of compensation gets calculated based on the decedent’s net income as well as any intangible losses such as care, guidance and support that the beneficiaries are facing after the decedent’s death.

Wrongful Death Case Lawsuit and Settlement:

Most Wrongful death cases lawsuit settles with a payout to the Victim's family.

Settlement amounts range anywhere from a few thousand dollars to several billion dollars. The average amount of Wrongful death cases range from 500,000 to more than one million in the United States.

Navigating the insurance claims process in a wrongful death case can be a challenging and emotionally taxing experience. This is why it is crucial to work with an experienced wrongful death attorney who can assist you in understanding your legal rights and options. Your attorney can assist you in gathering the necessary documentation and evidence to support your claim and negotiating with insurance companies on your behalf. In some cases, it may be necessary to file a lawsuit to recover the compensation you deserve. Therefore, it is vital to work with an attorney who has the experience and knowledge to represent your interests and help you obtain the justice you deserve.